DWI Lawyer in Kemah

DWI Attorney in Kemah, TX

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DWI convictions in Texas are serious matters deserving your utmost attention. Even if its a first offense misdemeanor DWI case, future offense may be prosecuted as felony cases which opens the door to penitentiary time. As an attorney who keeps his eye on the news as it relates to Houston area & regional DWI cases, more people are sent to prison for multi-year sentences, in connection with Driving While Intoxicated convictions, than many would believe.

If you’re in a situation where you’re facing criminal charges for DWI, contact attorney Tad Nelson immediately.

Facing a DWI Charge in Kemah, TX? Contact Us Today for a Confidential Consultation

At The Law Offices of Tad Nelson & Associates, our Kemah drunk driving defense attorneys fight for justice and the future of our clients. A DWI conviction can carry serious criminal penalties in Texas. It is imperative that you have a top-tier attorney on your side after an arrest. Charged with a DWI in Kemah? Contact our DWI lawyers today to arrange a completely confidential, free consultation with an experienced Galveston County DWI defense lawyer with experience in criminal law and DWI law.

Our Firm Defense All Types of DWI Charges in Kemah, Texas

Facing a DWI charge in Kemah is stressful. You do not have to take on police and prosecutors all by yourself. At The Law Offices of Tad Nelson & Associates, our criminal defense lawyers put clients first. Our Texas DWI lawyers provide detail focused legal representation with their experience in the DUI Defense Lawyers Association. Among other cases, our Kemah DWI defense attorneys have the experience needed to represent drivers facing:

• First-time DWIs; 
• Second-time DWIs; 
• Third-time DWIs; 
• Underage drunk driving;
• Commercial drunk driving;
• Drugged driving; 
• Drunk driving (child in the vehicle); 
• Drunk driving (physical injury); 
• Drunk driving (serious bodily injury); and
• Drunk driving manslaughter.

Understanding the DWI Laws in Kemah, Texas

Under Texas Penal Code Sec. 49.01, it is illegal to operate a motor vehicle while too impaired to do so in a safe manner. In Texas, a motorist can be arrested and charged with a criminal DWI offense for either drugs or alcohol. Here are the two requirements elements for prosecutors to prove: 

• The defendant was in actual physical control of a motor vehicle; 
• The defendant was unlawfully intoxicated. 

Know What Your Facing: DWI Penalties

DWI penalties matter. Following an arrest, you probably have a ton of questions about the potential for punishment. Will you go to jail? Will you lose your license? In Texas, DWI penalties depend largely on driving history—particularly your prior history of drunk/drugged driving offenses or lack thereof. Here is an overview of the standard DWI penalties in Galveston County: 

• First-Time DWI: Potential for a $2,000 fine, up to 180 days in jail, and a one-year revocation of your driver’s license. 
• Second-Time DWI: Potential for a $4,000 fine, up to one year in jail, and a two-year revocation of your driver’s license. 
• Third-Time DWI:Potential for a $10,000 fine, up to ten years jail, and a two-year revocation of your driver’s license. 

In cases with aggravated circumstances—such as if a child was in the vehicle or if a person was in a DWI crash causing an injury—the stakes are even higher. Aggravating factors can turn a misdemeanor DWI into a felony criminal charge. It is essential to have a supportive, skilled Kemah, TX DWI defense attorney on your side. 

Your Guide to DWI Testing Requirements in Texas

Are you facing a potential DWI charge in Kemah? It is useful to have a broad understanding of how DWI testing works in Texas. Indeed, in many cases, the results of DWI tests are what is used by prosecutors to try to prove intoxicated. Here is an overview: 

• Chemical: A chemical DWI test in Texas measures a driver’s blood alcohol concentration (BAC) through breath, blood, or urine samples to determine intoxication levels. In Texas, if you are suspected of driving while intoxicated, you are generally required to submit to a chemical test due to the state’s implied consent law. Refusing to take the test can result in license suspension. Indeed, a first-time DWI refusal is usually a 180 day license suspension. 
• Field Sobriety:  A field sobriety test is a series of physical and cognitive evaluations administered by law enforcement to assess a driver’s level of impairment and determine if they are under the influence of alcohol or drugs. In Texas, the implied consent law specifically applies to chemical tests for alcohol or drug content in the body. There is no legal requirement that forces drivers to participate in field sobriety tests. 

What Drivers Should Know About Administrative License Revocation (ALR) in Texas

A DWI arrest puts your driver’s license at serious risk. Being convicted of drunk driving or drugged driving will lead to a suspension of your driving privileges. Beyond that, you could lose access to your driver’s license before you ever have an opportunity to have your day in court. In Texas, the Administrative License Revocation (ALR) program is a civil procedure that results in the automatic suspension of the driver’s license of any person arrested for a DWI who has failed a chemical test or refused to take a chemical test. The suspension will be between 90 days and two years. It happens automatically—unless you stop it. You have only 15 days from the date of your arrest to request a hearing to challenge the suspension. Get help from our Kemah, TX DWI defense lawyer right away. 

We Provide Proactive DWI Defense Representation

You can and should defend yourself against a drunk driving charge or drugged driving charge with a DWI specialist. Remember, a DWI charge is an allegation. The prosecution has to prove its case—and you have an opportunity to raise a defense. Our Kemah, TX DWI defense lawyers provide effective representation to clients. Some of the most common DWI defense strategies are:

• Raising a Probable Cause Defense: The legality of the traffic stop is a key aspect of any DWI defense. Law enforcement officers must have probable cause—specific and articulable reason—for stopping your vehicle. If the stop lacked proper justification, any subsequent evidence might be suppressed
• Challenging the Validity of DWI Tests: We will examine the methods and equipment used to determine intoxication. Field sobriety tests can be unreliable indicators due to their subjective nature and external factors affecting performance. Similarly, breathalyzer machines require regular maintenance and calibration to provide accurate readings. Inaccurate test results should not be allowed into court. Without them, the prosecution may not have sufficient evidence to prove guilt. 
• Working Towards a Plea Agreement: Negotiation can be a pragmatic strategy to mitigate the consequences of a DWI charge. By accepting a plea to a lesser offense, you may receive reduced sentencing, lower fines, or alternative penalties like community service. Our Kemah DWI defense lawyers can help you negotiate and evaluate a plea deal. 

How the Kemah Defense Team at The Law Offices of Tad Nelson & Associates

Charged with a DWI in Kemah? It is normal to have many questions about your rights, your options, and how you should go about defending the charges. With so much at stake, you need an experienced professional in your corner. Tad A. Nelson and Amber R. Spurlock put clients first. Attorney Nelson is a ACS/CHAL Forensic Lawyer-Scientist. He previously served as an assistant district attorney in the Texas Gulf Coast region. We provide proactive representation. Along with other things, our Kemah DWI defense attorneys are ready to: 

• Conduct a comprehensive, confidential review and evaluation of your case; 
• Investigate your DWI arrest in Kemah—gathering all relevant evidence; 
• Handle all aspects of building your defense, including negotiations; and
• Take aggressive action to help you get justice and the best results. 

Kemah DWI Charges: Frequently Asked Questions (FAQs)

What Should I Look for in a Kemah, TX DWI Defense Lawyer?

You want an attorney who has been there before. When searching for a DWI defense lawyer in Kemah, TX, you should look for someone with extensive experience specifically in DWI cases and a deep understanding of Texas DWI laws. Check their track record for similar cases and seek out testimonials or references from past clients. 

Is it Possible to Save My Driver’s License After a DWI Arrest?

In Texas, your license is subject to an automatic administrative suspension based solely on the DWI arrest itself. However, it is possible to save your driver’s license after a DWI arrest in Texas. With that being said, you must act quickly. You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. At this hearing, you can contest the suspension of your license. By requesting the hearing, you will pause the automatic suspension of your license. 

Is a DWI a Felony Charge in Texas?

Most DWI charges are misdemeanors in Texas. However, a DWI can be classified as a felony in Texas under certain circumstances. Generally, a first or second DWI offense is considered a misdemeanor. However, a third DWI offense is typically charged as a felony. Beyond that, DWI offenses that involve aggravating factors such as an accident causing a serious accident may also be a felony offense. 

Contact Our Kemah, TX DWI Defense Lawyers Today

At The Law Offices of Tad Nelson & Associates, our Kemah DWI defense attorneys put the rights and interests of our clients first. We will invest the time, resources, and attention to the smallest of details to handle your case the right way. One-size-fits-all support is not good enough. Arrest for drunk driving in Kemah? Contact us today to set up your completely confidential initial case review. We defend DWI charges in Kemah, Galveston County, and all across the wider region.

DWI Information & Resources

• The Science of DWI Defense
• Blood Warrants
• Felony DWI Offenses
• Challenging DWI Stops

• DWI Prevention Tips
• Police Mistakes
• Intoxication Manslaughter
• Blood/Breath Test Refusal

Kemah DWI Defense

Kemah, TX Judicial Resources

Kemah Police Department
1401 Highway 146
Kemah, TX 77565
Phone: 281-334-5414

Galveston County Sheriff’s Office
601 54th St
Galveston, TX 77551
Phone: 409-766-2300

Important Links

• Kemah Police Department
• Galveston County Judicial Resources

Kemah, TX, a Galveston County town, has a population of about 3600 residents that rely on the Kemah Police Department for public safety and law enforcement. Kemah is located about 40 miles to the southeast of downtown Houston, and is known for seafood and the Kemah Boardwalk.

Kemah DWI Attorney | Galveston County